Fill and Sign the Florida Motion Template Form

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.980(j) MOTION FOR MODIFICATION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC, REPEAT, DATING, OR SEXUAL VIOLENCE, OR STALKING (11/15) When should this form be used? This form may be used if you are a party to a previously entered injunction for protection against domestic, repeat, dating, or sexual violence, or stalking, and you want the court to modify the terms of the injunction. If you use this form, you are called the moving party. This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or the clerk of the circuit court . You should then fle the original with the clerk in the county where the original petition was fled and keep a copy for your records. You must fle a motion for modifcation before the previously entered order expires. If you have any questions or need assistance completing this form, the clerk or family law intake staff will help you. What should I do next? For your case to proceed, you will need to set a hearing on your motion. You must properly notify the other party of the motion and hearing. You should check with the clerk of court for information on the local procedure for scheduling a hearing. When you know the date and time of your hearing, you should fle Notice of Hearing (General) , Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. You will need to serve a copy of your motion and Notice of Hearing on the other party. Service of your motion must be in in a manner that is reasonably calculated to apprise the other party of your motion and the hearing. Please note that if notice is mailed or e-mailed, the court in certain circumstances may not consider mailing or e-mailing to be adequate notice. If you want to be sure, you should consider using certifed mail, return receipt requested, or having the motion personally served. If you are not represented by an attorney in this action, you must fle proof that the other party personally received notice of your motion. This is a technical area of the law; if you have any questions about it, you should consult a lawyer. For more information on personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law Rules of Procedure Form 12.910(a). You will need to appear at a hearing on your motion for modifcation of injunction. After the hearing, if the judge grants your motion, he or she will prepare a new injunction for protection that contains the modifcations. After the judge signs the new injunction, the clerk will provide you with the necessary copies. Make sure that you keep a certifed copy of the new injunction with you at all times! Where can I look for more information? Instructions for Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modifcation of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15) Before proceeding, you should read General Information for Self- Represented Litigants found at the beginning of these forms. The words that are in bold underline are defned in that section. The clerk of the circuit court or family law intake staf will help you complete any necessary domestic, repeat, dating, or sexual violence; or stalking forms and will answer any question that you may have. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be fled electronically except in certain circumstances. Self- represented litigants may fle petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to fle your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you fle. The rules and procedures should be carefully read and followed IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sherif or certifed process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may fnd this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made. To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certifcate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516. Special notes... If the injunction you are seeking to modify is for domestic violence and you want the Instructions for Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modifcation of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15) court to modify alimony , child support , or time-sharing of minor child(ren), you must establish that there has been a change in circumstance(s), as required by chapter 61, Florida Statutes, or chapter 741, Florida Statutes, as applicable, that requires this (these) modifcation(s). Be sure that you make these change(s) clear in your motion. With this form you may also fle the following:  Request for Confdential Filing of Address , Florida Supreme Court Approved Family Law Form 12.980(h), if you fear that disclosing your address would put you in danger because you are the victim of sexual battery, aggravated child abuse, stalking, aggravated stalking, harassment, aggravated battery, or domestic violence, and you wish to keep your address confdential.  Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit , Florida Supreme Court Approved Family Law Form 12.902(d), must be completed and attached if the modifcation(s) you are seeking involves temporary custody of any minor child(ren).  Family Law Financial Affidavit , Florida Family Law Rules of Procedure Form 12.902(b) or (c), must be completed and attached if the modifcation(s) you are seeking involves temporary alimony or temporary child support. When completing this form, you should make sure that your reasons for requesting that the injunction be modifed are stated clearly and that you include all relevant facts. Instructions for Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modifcation of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15) IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR __________________________ COUNTY, FLORIDA Case No: _________________________ Division: _________________________ ______________________________, Petitioner, And ______________________________, Respondent, MOTION FOR MODIFICATION OF INJUNCTION FOR PROTECTION AGAINST ( ) DOMESTIC VIOLENCE ( ) REPEAT VIOLENCE ( ) DATING VIOLENCE ( ) SEXUAL VIOLENCE ( ) STALKING I, {full legal name} __________________________________________________________, being sworn, certify that the following statements are true: SECTION I. MOVING PARTY (This section is about you. It must be completed. However, if you fear that disclosing your address would put you in danger because you are the victim of sexual battery, stalking, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, you should complete and fle a Request for Confdential Filing of Address , Florida Supreme Court Approved Family Law Form 12.980(h), and write "confdential" in the space provided on this form for your address and telephone number.) 1. Moving Party is the _____ Petitioner _____ Respondent in this case. 2. Moving Party currently lives at the following address: {street address} _____________________ {city, state, and zip code} __________________________________________________________ Telephone Number: {area code and number} __________________________________________ 3. Moving Party's attorney's name, address and telephone number is: _______________________ ______________________________________________________________________________ (If you do not have an attorney, write "none.") SECTION II. NEW INFORMATION New information since the previous injunction was issued: (If known, write the other party's new address, place of employment, physical description, vehicle, aliases or nicknames, or attorney’s name.) _____________________________________________________________________________________ Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modifcation of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ SECTION III. CASE HISTORY AND REASON FOR SEEKING MODIFICATION OF INJUNCTION 1. Describe any attempts since the date of the current injunction by either Petitioner or Respondent to get an injunction for protection in this or any other court (other than the injunction you are asking to modify in this motion). ___________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. Describe any other court cases (including case numbers, if known) since the date of the current injunction between Petitioner and Respondent, including any cases involving the parties' minor child(ren), divorce, juvenile dependency, guardianship, or other civil or criminal cases. ________ ______________________________________________________________________________ ______________________________________________________________________________ 3. Moving Party requests that the previously entered injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking, be modifed for the following specifc reasons: {State why you wish the injunction to be changed.} ________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _____ Please indicate here if you are attaching additional pages to continue these facts. SECTION IV. REQUESTED RELIEF 1. Moving Party understands that the Court will hold a hearing on this motion and that he or she must appear at the hearing. 2. Moving Party asks the Court to enter an order in this case that modifes the previously entered injunction in the following ways: {State how you wish the injunction to be changed.} Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modifcation of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I certify that a copy of this document was ( ) mailed ( ) faxed and mailed ( ) e-mailed ( ) mailed by certifed mail, return receipt requested, ( ) furnished to a law enforcement ofcer for personal service to the person(s) listed below on {date} __________________________. Other party or his/her attorney : Name: ____________________________________ Address: ___________________________________ City, State, Zip: ______________________________ Fax Number: ________________________________ Designated E-Mail Address(es): __________________ ____________________________________________ I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fnes and/or imprisonment. Dated: __________________ _______________________________________ Signature of Petitioner STATE OF FLORIDA COUNTY OF _____________________ Sworn to or afrmed and signed before me on ____________ by ________________________________ . _______________________________________ NOTARY PUBLIC or DEPUTY CLERK _______________________________________ Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modifcation of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15) {Print, type, or stamp commissioned name of notary or clerk} Personally known Produced identifcation Type of identifcation produced _____________________ Florida Supreme Court Approved Family Law Form 12.980(j), Motion for Modifcation of Injunction for Protection Against Domestic, Repeat, Dating or Sexual Violence, or Stalking (11/15)